State v. Moeller

1991

Court: Wisconsin Circuit Court

Facts: Overprotective mother gets hit with bat and strangled by son. Son tries to say that anyone would have done likewise, because she was such a pain.

Posture: Conficted of first degree murder, sentenced to life.

Issue: Was it error not to instruct on manslaughter?

Holding: No. This is not factually analogous to Felton

Rule: Objective element (was the provocation sufficient), subjective element (did it affect the defendant's state of mind)?

Reasoning:

Dicta: Dissenting opinion: Should have focused on where there was first-degree intent.